[2012] KEHC 3864 (KLR)
The court found that the prosecution had established a prima facie case against the 1st accused, Erick Odhiambo Akumu, requiring him to be put on his defence. However, with respect to the 2nd accused, Judith Akinyi Mwai, the court found that the prosecution had failed to establish a prima facie case against her....
Source-derived case information.
- Citation
- [2012] KEHC 3864 (KLR)
- Parties
- Applicant: Republic; Defendant: Erick Odhiambo Akumu; Defendant: Judith Akinyi Mwai
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 53 of 2009
- Procedural Posture
- Criminal Case / Ruling at Close of Prosecution Case
- Outcome
- 2nd accused acquitted; 1st accused to be put on defence.
- Judges
- JV Juma
- Legal Topics
- Murder Charge, Prima Facie Case, Acquittal, Section 203 Penal Code, Section 204 Penal Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Erick Odhiambo Akumu
Defendant
Judith Akinyi Mwai
Defendant
Procedural Posture
Criminal Case / Ruling at Close of Prosecution Case
Legal Issues
- 1 Whether a prima facie case has been established against each accused person to warrant being put on their defence.
- 2 Whether the 2nd accused should be acquitted under Section 306(1) of the Penal Code.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the 1st accused, Erick Odhiambo Akumu, requiring him to be put on his defence. However, with respect to the 2nd accused, Judith Akinyi Mwai, the court found that the prosecution had failed to establish a prima facie case against her. Consequently, the court acquitted the 2nd accused under Section 306(1) of the Penal Code and ordered her immediate release unless otherwise lawfully held. The reasons for this finding regarding the 2nd accused would be provided in the final judgment.
Court Disposition
2nd accused acquitted; 1st accused to be put on defence.
Orders
- Judith Akinyi Mwai (2nd accused) is acquitted of the charge of murder under Section 306(1) of the Penal Code.
- Judith Akinyi Mwai is to be set at liberty forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE 53 OF 2009
REPUBLIC ………………………...……………………….. PROSECUTION
=VERSUS=
ERICK ODHIAMBO AKUMU ….……………………….…... 1ST ACCUSED
JUDITH AKINYI MWAI………………………….….…….. 2ND ACCUSED
RULING
The two accused persons ERICK ODHIAMBO AKUMU (hereinafter referred to as the 1st accused) and JUDITH AKINYI MWAI (hereinafter referred to as the 2nd accused) are jointly charged with the offence of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. Both accuseds entered a plea of ‘Not Guilty’ to the charge and their trial commenced before the High Court in Mombasa on 20th May 2010. The prosecution led by MR. ONSERIO learned State Counsel called a total of fourteen (14) witnesses in support of their case. MR. WAMEYO Advocate represented both accused persons. At the close of the prosecution case I am satisfied that a prima facie case has been established as against the 1st accused. He will therefore give his defence to this charge. With respect to the 2nd accused I find that no prima facie case has been established against her – reasons will be given in my final judgement. Therefore with respect to the 2nd accused Judith Akinyi Mwai I enter a verdict of ‘Not guilty’ in accordance with Section 306(1) of the Penal Code and I hereby acquit her of this charge. Accused 2 Judith Akinyi Mwai is to be set at liberty forthwith unless she is otherwise lawfully held.
Dated and Delivered in Mombasa this 26th day of April 2012.
M. ODERO
JUDGE
In the presence of:
Mr. Wameyo for both accused
Mr. Tanui holding brief for Mr. Onserio for State